A DWI charge can have lasting consequences for many years. It could appear upon a background check and could impact your employment chances. Many people ask, “Can I get a DWI expunged?” The answer depends on the particulars of your case. If you were found guilty, then there is no option to expunge your DWI. On the other hand, if your DWI case was dismissed or you were found innocent, you may qualify for an expungement. A Frisco trusted expungement attorney can help you determine your qualification for that relief.
A DWI Conviction Cannot Be Expunged.
If convicted of a DWI in Texas, you cannot expunge it. That conviction stays on your record forever. It does not matter if it was your first time. The law does not allow you to have the conviction removed. Some believe that discussion about serving probation or completing community service may help. Unfortunately, it does not matter. If you have been convicted, expungement is not available to you.
When Is Dwi Eligible For Expungement?
There are times when the removal of a DWI charge is permitted. If you were acquitted or the court dismissed your case, you naturally are eligible. The point is that you were never convicted. If there is no conviction, you have the opportunity to have a clean record. If your case never went to trial, but the statute of limitations expired, this would likely qualify you. In some instances, minors under 18 can get certain alcohol-related offenses expunged. But, if it was in conjunction with a serious offense with the DWI, expungement may not happen. The court may also provide some instances of a record-sealing order. While record sealing is not the same as expungement, it limits others from seeing the record.
What Does Record Sealing Mean?
Expungement is not the same as record sealing. Expungement deletes the charge, and record sealing obscures the charge but still keeps the record without erasure. If you cannot get an expungement, a record sealing may be available or possible. This is known as a nondisclosure order. Most past employers will be unable to see the charge if you get a nondisclosure order. However, law enforcement and /or certain agencies will still be able to see your past record.
How Long Do You Have to Wait for Expungement?
You cannot file for expungement immediately after an arrest. Texas law requires you to wait a certain period. The waiting time depends on your case.
- Class C misdemeanors (such as reduced DWI charges) require a 180-day wait.
- Class A and B misdemeanors require a one-year wait.
- Felony charges require a three to five-year wait.
If your case was dismissed, the waiting period may be shorter. However, you should check with a lawyer to confirm your eligibility.
How Expungement Works?
If you want to expunge a record, you need to file something called an expungement application with the court, and there are certain steps to take. First, you need to determine if you qualify. If your case was dismissed, or if you were found not guilty, that allows you to proceed with an expungement. After you determine eligibility, you need to file an expungement petition that contains information about your arrest or case. After you file the petition, you will need to pay the court fees that the district court has in place to process your request.
After you file your request, you will have a hearing in front of a judge who will review your case and make a decision. If the judge approves your request, you will receive a court order of expungement. You will then have to send a copy of the court order to every agency that has a record. The process is complicated, and any minor mistakes can delay or prevent approval of your request. A lawyer can help guide this process and increase your chances of success.
Deferred Adjudication for DWI:
Texas statutes permit deferred adjudication in specific DWI cases. This is a type of probation. If you are successful, you will have no conviction, but the record does not disappear – you may be eligible to have your record sealed. That means most employers will not see the charge, but you are not entitled to an expungement if you were placed on deferred adjudication.
Why You Need a Lawyer?
DWI expungement laws can be perplexing. Each case is different. Some people think they can expunge something, but they do not qualify, and some people do not pursue expungement because they do not know their rights. A Frisco DWI lawyer can assist you through the process by determining if you qualify for expungement, file the expungement paperwork for you and/or represent you in court.
In Texas, you cannot have your DWI conviction removed from your record. However, if you had your case dismissed, you may be eligible for expungement. In addition, minors and first-time offenders with charge reductions can also seek expungement. The process of expungement requires time, knowledge of the law, and the appropriate paperwork. If expungement is not an option for you, then sealing your record may be a potential option. Speak with a lawyer to ascertain your options. Getting your record cleared can open new opportunities for your future.
